Human Rights Litigation against Multinational Companies in France

Abstract

Sandra Cossart and Lucie Chatelain review strategic human rights and environmental cases against multinationals in France. By reference to actual cases they outline the legal bases, jurisdiction, and procedure for corporate criminal liability for offences overseas. They discuss cases arising from consumer complaints for misrepresentations by multinationals about human rights standards in supply chains. Regarding tort law, they explain the corporate veil and other hurdles and the potential for claims against parent companies and attempts made to utilise French labour law by employees of foreign subsidiaries. They explain the ground-breaking Law on the Duty of Vigilance of parent and instructing companies, the potential for civil liability in the event of failure to comply with the requirements for a vigilance plan, and judicial enforcement mechanisms. They outline procedural barriers to claims against multinationals, including with regard to access to evidence, collective actions, legal standing of NGOs, and costs rules.